Phillips v. United States
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Pittsburg County; Preslie, B. Cole, Judge. On May 7, 1907, Tom Phillips (hereinafter called the defendant) was indicted by the grand jury of the Central district of the Indian Territory, sitting at South McAlester, for assault to kill. The case was transferred to the district court of Pittsburg county upon the incoming of statehood.
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Appeal from District Court, Pittsburg County; Preslie, B. Cole, Judge. On May 7, 1907, Tom Phillips (hereinafter called the defendant) was indicted by the grand jury of the Central district of the Indian Territory, sitting at South McAlester, for assault to kill. The case was transferred to the district court of Pittsburg county upon the incoming of statehood. The defendant was tried and convicted on said indictment in said state court, and the case is regularly before us on appeal. On offense of shooting into crowd: 'Wharton on Criminal Law (10th Bid.) §§ 319, 608; Jennings v. U. S. (Ind.…
1Opinion of the Court
FUEMAN, Presiding Judge.
First. The case-made does not contain the instructions of the court to the jury. The motion for a new trial does set out what is claimed to be the instructions given. From the high character of the counsel for the defendant, we are satisfied that the instructions were copied correctly in the motion for the new trial; but we are without po-wbr to consider any objections to the instructions given, or to pass upon the instructions requested and refused, unless they appear properly in the record. It would be a most dangerous precedent to establish to pass upon such…
2Cases cited1 opinion
- Jennings v. United StatesCourt Of Appeals Of Indian Territory · 1899
3Cited by6 opinions
- Rogers v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Epperson v. StateCourt of Criminal Appeals of Oklahoma · 1965
- Parrott v. StateCourt of Criminal Appeals of Oklahoma · 1974
- Bigfeather v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Holdge v. StateCourt of Criminal Appeals of Oklahoma · 1978
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